Protection of Personal Information Act

Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions. This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages.


# Government Gazette

# REPUBLIC OF SOUTH AFRICA

Vol. 581 Cape Town

26 November 2013

No. 37067

# THE PRESIDENCY

No. 912

26 November 2013

It is hereby notified that the President has assented to the following Act, which is hereby published for general information:—

No. 4 of 2013: Protection of Personal Information Act, 2013.


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# GENERAL EXPLANATORY NOTE:

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Words in bold type in square brackets indicate omissions from existing enactments.

Words underlined with a solid line indicate insertions in existing enactments.

(English text signed by the President) (Assented to 19 November 2013)

# ACT

To promote the protection of personal information processed by public and private bodies; to introduce certain conditions so as to establish minimum requirements for the processing of personal information; to provide for the establishment of an Information Regulator to exercise certain powers and to perform certain duties and functions in terms of this Act and the Promotion of Access to Information Act, 2000; to provide for the issuing of codes of conduct; to provide for the rights of persons regarding unsolicited electronic communications and automated decision making; to regulate the flow of personal information across the borders of the Republic; and to provide for matters connected therewith.

# PREAMBLE

# RECOGNISING THAT—

• section 14 of the Constitution of the Republic of South Africa, 1996, provides that everyone has the right to privacy; • the right to privacy includes a right to protection against the unlawful collection, retention, dissemination and use of personal information; he State must respect, protect, promote and fulfil the rights in the Bill of Rights;

# AND BEARING IN MIND THAT—

• consonant with the constitutional values of democracy and openness, the need for economic and social progress, within the framework of the information society, requires the removal of unnecessary impediments to the free flow of information, including personal information;

# AND IN ORDER TO—

• regulate, in harmony with international standards, the processing of personal information by public and private bodies in a manner that gives effect to the right to privacy subject to justifiable limitations that are aimed at protecting other rights and important interests,

PARLIAMEN

# CONTENTS OF ACT

# CHAPTER 1

# DEFINITIONS AND PURPOSE 5

1. Definitions
2. Purpose of Act

# CHAPTER 2

# APPLICATION PROVISIONS

1. Application and interpretation of Act 10
2. Lawful processing of personal information
3. Rights of data subjects
4. Exclusions
5. Exclusion for journalistic, iterary or artistic purposes

# CHAPTER 3 15

# CONDITIONS FOR LAWFUL PROCESSING OF PERSONAL INFORMATION

# Part A

# Processing of personal information in general

# Condition 1

# Accountability 20

1. Responsibnsitns

# Condition 2